G.R. No. 168122 -

Ruling

WHEREFORE, without objection on the part of all the parties in this case, the instant appeal is DISMISSED . [19] (Emphasis in the original; underscoring supplied) To the dismissal the NPC filed a Motion for Reconsideration, arguing that the OSG did not move for the dismissal of the appeal and had, in fact, earlier manifested on December 11, 1998 that the OSG-deputized counsels had the authority to file notices of appeal. [20] Its motion for reconsideration having been denied, [21] NPC filed a Petition [22] for Review on Certiorari with this Court, docketed as G.R. No. 137785, entitled National Power Corporation v. Vine Development Corporation, represented by Vicente C. Ponce and Romonafe Corporation, represented by Oscar F. Tirona. In the meantime, also during the pendency of G.R. No. 137785, the OSG submitted on June 9, 1999 to this Court a Partial Compromise Agreement [23] between the NPC and Vine whereby, among other things, Vine reduced the value of its property from P3,500 to P3,400 per square meter, gave NPC a discount of 20% on the interest awarded by the trial court, and acceded to the request of the NPC for an additional area of 5,499.62 square meters and for the aggregate payment (totaling P128,530,200.00) for the three parcels of land to be part of the down payment approved by the National Power Board in favor of respondent Vine Development Corporation under NP Board Resolution No. 98-91 confirmed on April 27, 1998 and NP Board Resolution No. 98-97 x x x. [24] By Decision of September 4, 2000, this Court, in G.R. No. 137785, invalidated the signatures of NPC lawyers in the Compromise Agreement between NPC and Romonafe, [25] for lack of authority to bind NPC. It then remanded to the appellate court NPCs appeal from the trial courts Decision of September 5, 1995 for disposition on the merits. [26] By Decision [27] of November 10, 2004, the appellate court nullified the June 8, 1998 Compromise Agreement between NPC and Romonafe as being contrary to the B.H. Berkenkotter & Co. v. Court of Appeals [28] ruling that just compensation should be ascertained at the time of the filing of the complaint, adding that it was disadvantageous to the government. And it fixed the market value of Romonafes property at P1,500 per square meter. [29] Thus it disposed: WHEREFORE, premises considered, the assailed 05 September 1997 Decision of the court a quo in Civil Case No. 1140-95 is hereby SET ASIDE and NULLIFIED for being contrary to law and jurisprudence. The Compromise Agreement dated 08 June 1998 [between National Power Corporation and Romonafe] is also decreed NULL and VOID for being disadvantageous to the Government, thus, against public policy. In lieu thereof, i t is further decreed by this Court that the fair market value of the expropriated parcel of land be fixed at P1,500.00 per square meter . [30] (Emphasis and italics in the original; underscoring supplied) Its Motion for Reconsideration [31] having been denied, [32] Romonafe filed